Privacy Policy

Welcome to the application​ Upwards [com.goupwards] ​(the “Application​”). The content of this Application is the property of ​ Upwards Fintech Services Private Limited ​(the “ ​ Company ​”). The Company is in the business of ​ providing technology services to financial institutions and facilitating services to retail customers availing financial products from these financial institutions ​via this Application (“ ​Services ​”).

YOUR USE OF THE APPLICATION AND SERVICES AND TOOLS ARE GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF USE ​”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS APPLICATION. BY USING THIS APPLICATION, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE AS WELL AS THE APPLICATION'S PRIVACY POLICY (WHICH IS HEREBY INCORPORATED BY REFERENCE HEREIN) (THE “PRIVACY POLICY​”).

THESE TERMS OF USE SET OUT THE LEGALLY BINDING TERMS OF THE SERVICES AVAILABLE ON THE APPLICATION AS WELL AS THE TERMS OF USE OF THIS APPLICATION. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION.

For the purpose of these Terms of Use, wherever the context so requires, “ ​ you ​” or “ ​ your ​” shall mean any natural or legal person who visits the application and/or avails the Services on the Application, including, by providing information to the Application by filling out a loan application form (“ ​ LAF ​”). The Company allows you to surf the Application without registering on the Application. The terms ​ “we”, “us”, “our” ​shall mean the Company. These Terms of Use along with the Privacy Policy extend to users who visit the Application but do not avail of the Services offered by the Company on the Application as well as users who are authorized by the Application to avail of the Services on the Application. The Company reserves the right to modify or terminate any portion of the Application or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of any changes. Nothing in these Terms of Use should be construed to confer any rights on any third party beneficiaries. The headings contained in this Term of Use document are for reference purposes only.

Access and Use of the Application.

Use of the Application is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un­discharged insolvents etc. are not eligible to use the Application. If you are a minor i.e. under the age of 18 years, you shall not transact on or use the Application. As a minor if you wish to use or transact on the Application, such use or transaction may be made by your legal guardian or parents. The Company reserves the right to refuse to provide you with access to the Application if it is brought to the Company's notice or if it is discovered that you are under the age of 18 years.

Use of the Application is available only to persons who are Indian nationals residing in India at the time of accessing the Application and have an Indian registered mobile number for authentication purposes1.

In order to use the Services offered on the Application you are required to be a registered user (the “ ​ Registered User ​”). In order to become a Registered User, you will have to provide accurate, truthful, and complete registration information at the application stage. Furthermore, the Company has no obligation to accept applications to become a Registered User. Upon acceptance of your application you will be assigned a user name and password that will allow you to access the Application (“ ​ User Name ​” and “ ​ Password ​”, respectively). It is your obligation to keep your registration information accurate and up­to­date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You agree that you will not share your Password and User Name with any third party except as otherwise set forth in these Terms of Use. The Company may charge you a registration fees for registering on the Application.

When you provide information to the Company you agree to provide only true, accurate, current, complete information about yourself and you agree not to misrepresent your identity or your account information. You hereby further agree to keep your account information up to date and accurate.

Use of the Company is free for all Registered Users. However, the Company reserves the right to levy any service charges as applicable from time to time in consideration of the Services provided to the Registered User.

The Company reserves the right to refuse access to the Application, remove or edit content at any time without notice to you.

The Company will endeavor to ensure that access to and availability of the Application remains uninterrupted and error free. However, access to the Application may occasionally be suspended or restricted to allow for repairs, maintenance, security breaches or for the introduction of new facilities and services.

In some cases when you use the Application or attempt to use the Company’s Services the transaction may be held up as pending or delayed for processing by either the Company, the Lender or the merchants and can be cancelled at any time until it is confirmed by the Company.

To avail of the Services on the Application you will have to fill out the LAF and provide your Personal Information (as defined in the Privacy Policy). Such Personal Information may be shared by the Company with a partner non­banking financial company (the “Lender”) or other third party service providers for the purpose of processing your LAF.

The Services accessed via the Application may need you to supply your personally identifiable information including, but not limited to, your passport, voter ID card issued by the Election Commission of India, valid driving license, permanent account number (“PAN”) card, aadhar number (i.e. the unique identification number issued by the Unique Identification Authority of India), one time password received on your registered mobile number, biometric token like your fingerprint(s) or iris scan(s) or any other identification proof as may be accepted by the Lender and your bank account details, including but not limited to, your previous 12 months’ transaction history, amongst other information. You hereby authorize the Company to share such information with the Lender and relevant third parties for identity authentication and make any enquiries with any other finance company / bank / registered credit bureaus regarding your credit history and other banking details.

Limited Licence for Access.

The Company grants you a limited licence to access and make personal use of this Application,but not to download (other than page caching) or modify it(or any portion thereof), except with prior written consent of the Company and / or its affiliates, as may be applicable.

This licence does not include any resale or commercial use of this Application or its contents; any collection and use of any product listings, descriptions, or prices, any derivative use of this Application or its contents, any downloading or copying of information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extraction tools. You will not advertise or sell any products, services or otherwise (whether or not for profit) or solicit others (including without limitation solicitations for contributions or donations).

This Application or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without prior written consent of the Company and/or its affiliates, as may be applicable.

You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without prior written consent. You will not use any meta tags or any other "hidden text" utilizing the Company’s or its affiliates' names or trademarks without the prior written consent of the Company and / or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by the Company and / or its affiliates, as may be applicable.

You have been granted a limited, revocable, and non­exclusive right to create a hyperlink to the home page of the Application as long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You will not use any logo or other proprietary graphic or trademark of the Company as part of the link without prior written consent of the Company and / or its affiliates, as may be applicable.

You shall not use the Application in any way that causes, or is likely to cause damage or impairment to the Application or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to the Application in any way. You shall not use the Application to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that: (a) belongs to another person and to which you do not have any right; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any other manner whatsoever; (c) harms minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonates another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Application and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity’s use or enjoyment of the Application and/or the Services; and (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.

You will not delete or modify any content of the Application and/or Services including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

Platform for Transaction and Communication.

The Application is a platform that users utilize to / avail of loans and credit facilities from the Lender. The Company is not and cannot be a party to or control in any manner, the loan transaction between the user and the Lender. The Company is only acting as a facilitator and collecting certain information on behalf of the Lender and verifying the details supplied by the Registered Users. At no point is the Application/Company representing as a lending company. The granting of the loan shall be at the sole discretion of the Lender and on such terms and conditions as stipulated by the Lender.

The Company shall tie up with authorized lenders to ensure you get the best financing options. We have currently ties up with the following financing partners (i.e. Lenders) –

a. Bajrang Investments Pvt Ltd.

b. Fullerton India Credit Company Limited

c. NDX P2P Private Limited

d. LoanTap Credit Products Private Limited

By using the Application you authorize the Company, directly or through third parties, to make any enquiries considered necessary to validate your identity, including asking for further information that will allow us to reasonably identify you, requiring you to take confirmatory steps to validate your e­ mail address, mobile phone number, bank account number using internet banking credentials etc. or verifying the information supplied by you on the Application against third party databases and other sources. We may ask you for identifying documents in certain cases. The Company reserves the right to close, suspend or limit your account and/or access to the Application and Services if we are unable to obtain or verify the information provided by you.

By using the Application, you give the Company, on behalf of the Lender, the explicit permission to investigate your credit record and obtain your credit report from registered credit information bureaus, banks and other financial companies in connection with the review of your loan application through a third party service provider. A credit report may also be requested by the Company for each user in any other case. You understand that the Company, on behalf of the Lender, may report negative information about your account to credit information companies.

By using the Application, and providing your aadhar number for identity verification, you give the Company, on behalf of the Lender, the explicit right to query the UIDAI database, through a third party service provider, for your demographic information (including but not limited to your name, address, photograph, age etc.) and share this with the Lender and other third parties, as required, in order to verify your identity and to use this system to perform all adequate checks on the identity of the proposed borrower under the loan application.

By using the Application, and providing your bank account information and internet banking credentials through a third party service provider’s application/platform, you give the Company, on behalf of the Lender, the explicit right to query your bank account details and financial data for your financial history (including but not limited to previous 12 months’ bank account statements) and share this with the Lender and other third parties, as required, in order to verify your identity and perform adequate checks on the financial health and borrowing capacity of the proposed borrower under the loan application.

By using the Application, and providing your login credentials via third party social media platforms including, but not limited to, Google, Facebook, Linkedin, Twitter etc., you hereby authorize the Company, on behalf of the Lender, to access such information as may be accessible to us as per the terms and privacy policy of the concerned social media platform or service. You hereby authorize the Company to collect such information including your list of contacts, location information, browsing history, e­mail or instant messaging contents etc. in order to verify your identity and perform adequate checks on the financial health and borrowing capacity of the proposed borrower under the loan application. The Company may share such information with the Lender or other third parties, if required.

For the completion of any transaction on the Application, the Company offers you the option to digitally sign your documents, including the LAF, with your authentication credentials to enter into legally binding contracts with the Lender and any other parties, as may be required. You understand that the electronic signature service is offered via a third party service provider using Aadhar based e­KYC authentication service. The Company only acts as a technology platform offering such service on behalf of the Lender and Company shall not be held responsible or liable for any acts, failure to act, loss, damage, fraud, misappropriation, accident, mistake, failure due to any reason whatsoever by the Lender or third party service provider in this regard.

If you grant express consent and permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party product or service or through the Company’s Application, you hereby agree that the Company may disclose this information about your account, that has been authorized by you, to this third party. You also expressly agree that granting permission to a third party to take specific actions on your behalf does not relieve you of any responsibilities under these Terms of Use. Further, you acknowledge and agree that you will not hold the Company responsible for, and will indemnify the Company from, any liability arising from the actions or inactions of the third party in connection with the permissions you grant.

All commercial/contractual terms are offered by and agreed to between you and the Lender alone. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Lender.

As a service provider the Company is responsible for communicating, transacting and verifying your Personal Information provided on the Application on behalf of the Lender.

Notwithstanding Clause 3.8 above, the Company does not make any representation or warranty as to the specifics of the Services proposed to be offered or availed of on the Application. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

The Company is not responsible for any non­performance or breach of any contract entered into between you and the Lender. The Company cannot and does not guarantee that you and/or the Lender will perform any transaction initiated on the Application. The Company shall not and is not required to mediate or resolve any dispute or disagreement between you and the Lender.

You are advised to independently verify the bona fides of the Lender and use your best judgment in that regard.

The Company does not, at any point of time during any transaction between you and the Lender, gain title to or have any rights or claims over the services offered by the Lender to you.

It is hereby clarified that the Company shall only act as a facilitator and a technology provider (via the Application) to the Lender. Processing the LAFs and disbursing loans shall be the sole responsibility of the Lender. It is agreed that any loan or other contractual agreements entered into for the financial products offered on the Application shall be strictly bipartite contracts between you and the Lender.

Before completing any transaction on the Application, you will be asked to consent to the Company’s and/or Lender’s terms of service by checking the terms and conditions box on the LAF. This action constitutes your electronic signature and manifests your consent and agreement to the following terms: a. Company may provide disclosures required by law and any other information about your account and your legal rights and duties to you electronically; b. Company can send any communications, billing statements, or required disclosures (“Disclosures”) to you electronically via our Application or to the email address that you have provided to us, either directly or indirectly via the merchant to whom the Lender will send funds on your behalf; c. Your electronic signature on application forms, agreements, mandate letters, authorization letters and other documents has the same effect as if you signed them in ink as per Applicable Laws including the Information Technology Act, 2000 and the rules made thereunder and the Evidence Act, 1872 and the rules made thereunder; and d. This consent applies equally to any transaction undertaken by you through the Application in the past, to all future Disclosures and communications on your account and to all future transactions that may be made on the Application.

You understand that in order to view and/or retain the copies of the Disclosures you may need a computer with an internet connection, a mobile device running iOS or Android, a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to store Disclosures or the capability to print Disclosures from the device on which you view them.

Repayment Methods and Collection.

You may use one of the following acceptable methods of payment to make automatic monthly account payment to the Lender. Currently acceptable methods of payment are: (a) Debit Card / Credit Card: payment made by a debit/credit card shall be subject to such payment terms as established by the card issuer. If charges cannot be processed through your credit/debit card, or if your bank draft or electronic funds transfer is returned for insufficient funds, you will be responsible for any fees incurred and the Company will have no liability with respect thereto; (b) ECS mandate: You may provide us with a valid and authorized electronic clearing house system (“ ​ ECS ​”) mandate to pay your account balance by automatic debit sweep of your bank account; (c) Post Dated Cheques: You may pay your account balance by making cheques payable to “Consolidated Securities Limited”; and (d) NEFT or RTGS bank transfer.

You agree to allow the Company, on behalf of the Lender, to send you payment reminders from time­to­time. Notwithstanding whether you have consented or not, you agree that payment reminders may take the form of any available mode of communication. You also agree that if you fail to repay an amount owed to the Lender under these Terms of Use the Company may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collection agency or taking legal action. FAILURE OR DEFAULTS IN PAYMENT MAY AFFECT YOUR CREDIT SCORE.

Cancellation and Account Closure.

You can quit the Application at any time during the process of filling up the LAF. You understand that any information submitted to the Application, even in case of incomplete LAFs, can be saved and used by the Company as described in its Privacy Policy. The Company may share such information with the Lender, or other third parties, as per the terms of this Terms of Use.

Loan approval process is as per the discretion of the Lender. The Company may choose not to provide the Service to you or to any specific merchant sites or vendors at any time for any reason, including but not limited to your creditworthiness, transaction history on the Application or any other reason. The Company may cancel transactions and loans at any time before the delivery of goods to your registered address if you violate any term of these Terms of Use.

If we suspect any fraudulent transaction by you or any transaction which violates the terms and conditions of using the Application, we, at our sole discretion, reserve the right to initiate cancellation of such LAFs and/or suspend your right to access and use the Application.

You may close your account at any time by writing to us at ​ help@go-upwards.com ​. Upon closure we will cancel any pending transactions unless otherwise legally prohibited. In case of pending dues owed to the Lender, the total amount owed to the Lender shall become immediately due and payable and the borrower shall be required to repay all dues by way of a onetime lump sum payment within a period of 30 days from the date such account closure communication is received by the Company. The account shall not be closed till you repay all dues owed to the Lender, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. The Company will retain your Personal Information in accordance with our Privacy Policy.

The Company may close your account if you do not log in to the Application or use the Company’s Services for two or more years. The Company will retain your Personal Information in accordance with our Privacy Policy.

Copyright and Database Rights.

All content included on the Application, such as photographs, text, graphics, logos, button icons, images and software, is the exclusive property of the Company, its affiliates or its content suppliers.

The compilation of all content on this Application is the exclusive property of the Company.

All software used on this Application is the property of the Company or its software suppliers or third party vendors engaged by the Company to provide the Services. You shall not systematically extract and/or re­utilize parts of the contents of the Application without the Company’s express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re­utilization of any substantial parts of this Application, without the Company’s prior and express written consent.

You shall not create and/or publish your own database that features substantial parts of this Application (e.g. prices and product listings) without the Company’s express written consent. Your personal and non­commercial use of this Application shall be subjected to the following restrictions ­ (a) you may not modify any content of the Application, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (b) you may not decompile, reverse engineer, or disassemble the content; or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Application in any manner that may be harmful to the operation of this Application or its content.

Trademarks.

Upwards ​and other marks indicated on the Application are trademarks or registered trademarks of the Company. All other trademarks not owned by the Company that appear on this Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

Communications

The Company may provide you with communications about your account and Company’s Services both electronically and / or through phone calls or in writing. Standard mobile, message, data rates and any other fees charged by phone operators may apply and the user shall be responsible for the same.

Company reserves the right to close your account and get the Lender to immediately collect all due amounts if you withdraw your consent to receive electronic or other communications or if you revoke access to any third party applications on which the Company relies (for example – Facebook, Twitter etc.) or if any such service should revoke your account on their application.

Visiting the Application, sending emails to the Company or posting on the Company’s social media handles constitutes electronic communication by you with the Company. The Company communicates with you by short messaging service (“SMS”), email or by posting notices on the Application. Any electronic communication will be considered to be received by you within 24 hours of the time we e­mail it to you or otherwise send it to your attention (such as via SMS or other online notification method). We will assume you have received any communications sent to you by postal mail within 5 business days after we send it.

If we need to contact you to service your account, you hereby give consent to us, as well as our employees, agents, vendors and collection agents, to communicate with you in any way, such as calls, messages or e­mail via: (a) a mobile or landline phone number you provide or use to contact us or at which we believe we may be able to reach you (even if not yours); (b) any e­mail address you provide to us or our vendors/Lenders; (c) automated dialer systems and automatic telephone dialing systems; and (d) pre­recorded or artificial voice messages and other forms of communication.

For contractual purposes, you consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.

You understand that once you submit a LAF on the Application, you will receive SMS messages from the Company on your registered mobile number. These messages could relate to your LAF, or any updates and promotions that are undertaken by the Company. Please note that the Company will send these SMS messages only to the registered mobile number or such other number that you may designate for the particular purpose.

You hereby authorize the Company, its employees, agents and permitted third parties to contact you through telephone calls, SMS and such other means of communication and inform you about various Company offers and other promotional schemes. You confirm that the laws in relation to the unsolicited communication referred in the “National Do Not Call Registry” (the “NDNC Registry”) as laid down by the Telecom Regulatory Authority of India will not be applicable for such communication/calls/SMSes received from the Company described herein.

You can update your mobile number and e­mail address stored with the Company by submitting a request through www.Upwards.com or by emailing us at help@Upwards.com.

Termination.

In the event that you breach these Terms of Use or in the event that any other user or a third party reports violation of any of its rights as a result of your use of the Services, the Company reserves the right, to suspend or terminate your access to the Application with or without notice to you, and to exercise any other remedy available under the law.

The Company shall have the right to indefinitely block your access to the Application if: (a) if you engage in or are suspected of engaging in any illegal, fraudulent or abusive activity; or (b) if you provide any information that is untrue, inaccurate, not current or incomplete in any respect or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use.

Upon suspension or termination, your right to avail of the Services on the Application shall immediately cease and the Company reserves the right to remove or delete information regarding you that is available with the Company, including but not limited to information shared or posted by you.

Amendments.

The Company reserves the right to make changes to our Application, policies, and these Terms of Use at any time. You will be subject to the Terms of Use in force at the time that you use the Application or at the time you make applications on our Application, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.

Assignment.

You may not assign or otherwise transfer your rights or obligations under these Terms of Use. The Company may assign its rights and obligations under these Terms of Use without such assignment being considered a change to the Terms of Use and without any notice to you.

Disclaimer, Indemnity and Limitation of Liability.

You expressly understand and agree that: (a) It will be the sole responsibility of the user to ensure that the use of User Name, Password, PINs and one time password are kept confidential and not disclosed to any third party, including any representative of the Company, or its agents and shall take all possible care to prevent discovery of the User Name or Password by any person. (b) The information, content and materials on this Application and / or Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non­infringement. (c) Though the Company has taken proper care and precaution to make the Application reliable, the Company does not warrant that the functions contained in content, information and materials on the Application and / or Services, including, without limitation, any third party sites or services linked to the Application and / or Services will be uninterrupted, timely or error­free, or that the defects will be rectified, or that the Application or the servers that make such content, information and materials available are free of viruses or other harmful components. The Company will not be held responsible for any liability that may arise out of any such error in the Application. (d) Any material downloaded or otherwise obtained through the Application and / or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system. (e) You acknowledge that when you access a link that leaves the Application, the application you will enter into is not controlled by the Company and different terms of use and privacy policy may apply. By accessing links to other applications, you acknowledge that the Company is not responsible for those applications. The Company reserves the right to disable links from third­ party applications to the Application, although the Company is under no obligation to do so. (f) You hereby indemnify, defend, and hold the Company, the Company's shareholders, directors, affiliates, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, officers, directors, owners, employees, agents and representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the Application, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of the Application. (g) Certain services, such as retrieving user data from third party vendors and processing and attaching digital signatures to LAFs depends on continuous connection to the Application and third party servers. Company makes no assurance, representation, promise whatsoever that such connectivity will always be available. (h) Company reserves the right to suspend these Services if in the Company’s opinion security of the Application or of the data could be compromised. (i) You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the Application and / or Services; or (iii) unauthorized access to or alteration of the users’ transmissions or data; (iv) statements or conduct of any third party on the Application and / or Services; or (v) any other matter relating to the Application and / or Services. (j) The Company and the Company's shareholders, directors, affiliates, distributors, agents, representatives, employees and vendors be relieved of all of their responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, disruption in telephone lines and internet, overload of system capabilities, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non­performance of third parties, or any reasons beyond the reasonable control of the Company or any of the foregoing entities' respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither the Company nor any of the foregoing entities' respective resellers, distributors, service providers and suppliers are responsible or liable for (a) any incompatibility between the Application and / or Services and any other application, service, software or hardware, or (b) any delays or failures that users may experience with any transmissions or transactions relating to the Application in an accurate or timely manner.

Waiver

No term of these Terms of Use shall be deemed waived and no breach shall be excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to waive a breach under this Agreement, or waiver of a breach by you, whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

Legal Effect

Your consent to authenticate this Terms of Use by way of an electronic signature means that the Disclosures provided to you electronically by the Company shall have the same meaning and effect as if they were provided in paper form. Any text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online, shall have the same meaning and effect as if the Company had provided these Disclosures in paper form, regardless of whether you actually view those Disclosures.

Governing Law and Jurisdiction

Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use, or to your use of the Company’s platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties.

Severability.

If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

Complete Understanding.

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use. PRIVACY POLICY This privacy policy ( ​ “Privacy Policy” ​) is incorporated into and subject to the Terms of Use. All capitalized terms for which definitions have not been provided for in this Privacy Policy shall have the meaning ascribed to them in the Terms of Use. PLEASE READ THIS PRIVACY POLICY CAREFULLY. THIS POLICY DESCRIBES THE WAY THE COMPANY OR ITS VENDORS (“ ​ WE ​”, “ ​ US ​” “ ​ OUR ​”) COLLECT, STORE, SECURE AND USE YOUR PERSONAL INFORMATION. YOU ACCEPT THIS PRIVACY POLICY BY VISITING OUR APPLICATION OR THROUGH AVAILING ANY OF HER SERVICES THROUGH THE APPLICATION. By accessing or using this Application you expressly consent to the Company’s use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy extends to users who visit the Application but do not avail of the services offered by the Company on the Application as well as users who are registered and are authorized by the Application to avail of the services on the Application. This Privacy Policy is subject to change at any time without notice. You are responsible for regularly reviewing this Privacy Policy so that you will be apprised of any changes. For the purposes of this Privacy Policy, “ ​ Personal Information ​” shall mean any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains, including, but not limited to, name, address, date of birth, phone number, fax number, email address, PAN, aadhar number, driving license/passport/voter identity card/government issued identification card, financial profiles like the name of your employer, monthly salary, annual income, net worth, details of your assets and liabilities, copies of identification documents, e ​KYC demographic information, photographs, biometric information, digital signature keys, bank account / credit card information, SMS, contacts, location, apps installed and other personal information.

Collection and Use of Personal Information.

When you use the Application, we collect and store the Personal Information provided by you from time to time. The primary aim in doing so is to provide you with the best price and offers that are customised to you. We ensure you a safe, efficient, and customized experience while using the Application and to verify your identity and other information that you provide.

In general, you can browse the Application without telling us who you are or revealing any Personal Information about yourself. Once you give us your Personal Information, you are no longer anonymous to us. During the information collection process, we indicate, where possible, the fields of input which are mandatory and optional.

If you open an account on the application or use the Company’s Service, you will be required to supply your Personal Information. Before permitting you to use the Services, we may require you to provide additional information, including but not limited to your date of birth, PAN, personal information stored with third parties such as social media sites (such as Facebook or Gmail) and other personal information. We may use this information to verify your identity or other information you provide.

We may automatically track certain information about you based on your behaviour on and off the Application. This information includes but is not limited to the SMS, contacts, call logs, list of installed applications. We need this data to risk ​assess you holistically and analyze you in non ​traditional ways. We understand that this data is sensitive to our users, hence we will treat all this data with utmost privacy. All this data will be stored securely on our servers.

We also use shared preferences to allow you to enter your password less frequently and other data which helps in smooth flow for you. You are always free to logout of the application, in which case you may not be able to use certain features on the Application. You can also go to the settings for the Application and clear data to clear the data for the Application.

If you choose to purchase products on the Application, we will collect information about your buying behaviour. If you avail services from us, we collect additional information, such as billing address, payee bank account details, aadhaar based e ​KYC information including photograph, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from bank statements, cheques or money orders.

We also collect information about you from third parties such as credit bureaus and other identity verification and fraud prevention services. You may choose to provide us access to certain third parties like credit information companies, the UIDAI servers for e ​KYC and e ​Sign services, social media sites, banks and financial institutions with whom you maintain a banking relationship. This information we collect from such third party sources is governed by your privacy policies agreed with those sources and with your express consent. By providing such third party information by way of authorizing the Company to access such information, you agree that the Company may collect, store, process and share such information with the Lender in accordance with this Privacy Policy.

We may occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (such as PIN code, age, or income level). We use this data to customize your experience on the Application, providing you with content that we think you might be interested in and by displaying content according to your preferences.

If you choose to post messages on our message boards, chat rooms, social media handles or other message areas (if any) or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law.

If you send us personal correspondences, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Application, we may collect such information into a file specific to you.

Sharing of Personal Information.

The Personal Information shared by you shall be used to perform background checks on your identity and your fitness to avail the products and services offered by the Lender on the Application. By sharing your Personal Information with the Company you hereby authorize the Company to share any such Personal Information with the Lender, including its vendors, to enable the Lender to perform background verification including satisfying the ‘Know Your customer’ due diligence as mandated by the Reserve Bank of India and to perform credit checks on you.

We will NOT share your Personal Information with employees, affiliates, vendors, partners and thirds parties.

We may share Personal Information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts, verify your KYC details and phone numbers, retrieve your credit information scores / bank account details, correlate related or multiple accounts to prevent abuse of our Services, provide customer service and support, resolve disputes, and to facilitate joint or co ​branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opting.

We may disclose Personal Information if required to do so by law or in good faith where such disclosure is reasonably necessary to respond to summons, court orders, demands from the Reserve Bank of India or other legal process, enforce our Terms of Use or Privacy Policy, respond to claims that an advertisement, posting or other content violates the rights of a third party, or protect the rights, property or personal safety of our users or the general public. Needless to add, confidentiality norms as applicable to non ​banking finance companies shall be adhered to.

Security Precautions. The Application has stringent security measures (physical, electronic and managerial) in place to protect against the loss, misuse, and alteration of the information under our control. Whenever you provide any Personal Information or change or access your account information, we offer the use of a secure server. The Application’s servers are accessible only to authorized personnel and your information is shared with employees and authorized personnel on a ‘need to know’ basis to complete the transaction and to provide the services requested by you. By using this Application, you agree that the Company will have no liability for disclosure of your information due to errors in transmission, infrastructure failures by the Company or any intermediary (including telecom and internet service providers), or unauthorized acts of third parties.

Opting Out. The Application provides all users with the opportunity to opt ​out of receiving non ​essential (promotional, marketing ​related) communications from the Company, its affiliates or content suppliers. If you want to remove your contact information from all lists and databases of the Company, please unsubscribe by sending an email at hello@go-upwards.com.

Third Party Advertisements and Links to Other Applications

The Company has tied up/may tie up with third party advertisement companies to display advertisements on the Application. The Company does not provide any Personal Information to advertisers or to third party sites that display our interest ​based advertisements. However, these companies may use information regarding your visits to this Application and to other applications for targeted/interest ​based advertising purposes.

The Application may also contain links to other applications that may collect Personal Information from/about you. The Company is not responsible for the privacy practices or the content of those linked applications.

Queries on Privacy Policy. Should you have questions about this Privacy Policy, information collection, use and disclosure practices, please feel free to contact us through our Application. We will use reasonable efforts to respond promptly to requests, questions or concern regarding the use of your Personal Information. Except where required by law, the Company cannot ensure a response to questions or comments regarding topics unrelated to this Privacy Policy.

Consent Disclosure. We offer loans / credit to our users by reviewing their social presence and other network data. To evaluate every user and give them the best price, we need additional permissions from our users such as access to contacts, SMS, call history & installed applications. This not only help us analyze individual's profile in the best possible way but also helps us in designing special offers for our users who already have their friends using the application. The loan would be sanctioned and disbursed by a RBI approved NBFC who are our banking partners. All these details would be stored in our highly secured server and will not be shared with anyone outside the network under any circumstances.

SMS Policies

When you transact with us, we collect and use your contact details to provide relevant offers and product information to you via SMS. When confirming your order, you hereby expressly agree to share your contact details with us for the mentioned services. If you do not wish to be contacted about our products and services, please contact us at

Phone : +91-020-71185147 Email : help@go-upwards.com

Cancellation and Refund Policy

In case the documents submitted along with the application do not comply with the KYC guidelines of Upwards, the application is liable to be rejected and Upwards will not be liable to refund the Account opening fees and any interest on the amount.

Processing Fee,Stamp duty and Documentation Charges are non-refundable charges and would not be waived/refunded in case of loan cancellation.